>> good morning. thank you so much for joining us. thanks for watching "fox & friends first". >> we begin with a fox news alert. a last minute deal moments ago on how to transport them to kabul government. we are hearing the united states will still have access to detainees for interrogation. but afghanistan will have control of who can be released. the deal expected to be officially signed later today.

>> while you are having lunch obama will talk about his plan to pump up manufacturing. he is announcing plans to set up a network of institute to develop manufacturing technology. the big investment will create jobs he says. brand new information about the man who opened fire at a psychiatric clinic at the university of pittsburgh. he was carrying two semiautomatic hand guns. he walked through the front door firing shots at 7 people leaving one person dead. after exchanging gun fire with police the man was killed. new video just into fox news of a wild ride caught on camera. take a look at this teenaged driver nearly runs over a man in his own front yard. it happened in corpus christi, texas. you can see the man jump out of the way as the suv comes

barreling at him. no word yet on why the teen lost control. police say he will not face charges. listen to this a government budget contest to find a green but affordable it actually costs 50 bucks. that's about double what the bulbs already cost. phillips came up with a bulb netting a $10 million prize. the contest rules say the price should start at about $22 but energy department officials are defending the choice saying the cost will drop over time. that is your 5 at 5. >> now to the other top story. president obama won't return the million dollar donation from bill maher, despite mk aher's long history of sexual comments.

>> it is not directly to the president or campaign. a lot of people are outraged. on tuesday president obama he didn't know what was in rush limbaugh's heart that made him say what he said. but yesterday his spokesman says the white house will not pressure the super pact that supports the president to return a $1 million donation from bill maher who once called governor palin something so bad we can't say it on tv even this early. >> we are not and cannot be the arbitrator of every statement that everybody makes. in the policy and political arena. >> the group of concerned women for america wrote a letter to white house chief of staff jack lieu saying president obama can't put forth the elegant position he put out on tuesday while sending administrations out to raise money for not only

takes money from the masoginist. governor palin who never thought she would say anything about fundraising said this. >> any one can sit in the audience of a commentator of bill maher and chuckle and laugh and think at thats ent it is entertaining. it is dirty money he has provided barack obama's campaign. i don't know how barack obama can sleep at night. >> the former white house press secretary who runs the super pack with the maher money. rush limbaugh is the de facto of republican and nobody can control what he says as much as they can bill maher. >> the president brought in his daughters on this situation. now he has to explain to them the bill maher comment. time now to look at who else

is talking. and this morning bill o'reilly riley, jut gingrich, they are. newt gingrich went on record last night calling the president's energy policy, quote, unamerican. >> it was only 1.89 when he was sworn in. it was 1.13 when i was speaker. we are not going for a fans i feel price that is a fantasy. we are talking about a question about policy. his policy is anti-american development of energy. the president is face withed a series of challenges that are a natural result of his policies. this is a president who is so anti-american energy when he was a senator in 2007 he introduced a bill to wipe out all of the information about the u.s. theological survey inventory of oil. it is truly a remarkable step to say let's not even know what our resources are. bill o'reilly also talking

going after the administration's still struggling alternative energy policy. >> this is craziness. barack obama getting on television saying if we have more alternative energy that's going to bring gas prices down. it's insane. knees not. the american oil companies will take its oil and send it to china and send it 4 percent now it will be 40 percent. if you give something else. they don't give a hoot. they are going to make the money no matter what. >> bill, there's nothing insane about developing a national energy policy that puts american manufacturing of the clean tech segment front and center in the economic and energy policies. we are losing the patent race to foreign competitors. >> because we are not good enough. we are not good enough. that's why we are losing. >> we are not good enough because we -- >> the vote is not good enough. and we can't keep taking tax payer money and giving it to

people who aren't good enough. if they goet good enough then yu take a look at them. you don't throw hundred billion dollars into companies you don't jack about and that's what's happening now. this president has no control over any of this. >> love the passion. just not good enough. time now to brew on this. >> hey every morning we ask you to comment on a topic. you can go to our twitter page "fox friends first. >> and go to friend@foxnews.com. do schools have the right to discipline students outside the walls of the classroom? it is interesting. that's what an indiana bill is proposing. >> the bill states quote a student may be suspended or excelled for engaging an

activity off school grounds. that means on weekend, holidays, school breaks even on summer students can get in trouble. >> doesn't have to be a legal trouble either. that leads us to the question of the day out of school in trouble just a sign or over the line? i am seeing this across the country not just in indiana. i have friends who are principals and they already do this. they kick kids out of athletic events if they see a drinking photo on facebook. to me let the parents do their job. i am not condoning any of the behavior kids do outside of class, but it's outside of school property. >> it's like throwing in the towel and saying parents aren't doing the job of parenting they should so we will take control of it. teachers and administrators have enough to worry about. >> how about educating our kids. how about upping the grades and improving academic performance rather than worrying about what some of these kids who are good students worry about. >> let us know. you can hear obviously my opinion on this. you know the drill. we want to hear from you.

tweet us at fox friends first, friendsfirst@foxnews.com for e-mail. they will have a school official on to react to this bill. it is now 8 minutes past the top of the hour. it will be the top story all day. the monthly unemployment numbers. a preview of what to expect that is up next. eric holder is not going back. he is holding police commissioner ray kelly. it has people across the country seeing red. ♪

>> nypd is coming under fire. now attorney general eric holder is threatening to investigate. he was prompted by new jersey senator frank loutenberg as to how much did this department know, the justice department know about the secret surveillance operation conducted by the nyp d-back in december. they didn't have great extensive

knowledge about it. he only read a couple things and disgusted and disturbed by what he read so far. he mentioned he reached out to a number of officials he did not not learn if he reached out to commissioner ray kelly. we know he talked to chris christie or had some sort of interaction with them. governor crist at this said he did not know about the this. mayor booker had no idea this was going on. a lot of unanswered questions as to who knew what and when. former police chief gary mccarthy was head of the police department. he seems to have been in the loop at some point. over the weekend he started to distance himself from it. that will be part of the review of the justice department. mayor bloomberg is standing by

the department to see what they needed to do. will we will hear what he had to say about this. >> what i read in the newspaper is disturbing. these are things under review of the custtis kept. >> no time line as to when the review would take place. he is still having conversations. as you image it will continue for quite sometime. the attorn attorney general about this the same way we hear about it. >> a huge unemployment report due out today. joining us from the fox business network is adam shapiro. adam, thank you for waking up with us this morning. >> happy to get up this morning. >> the february jobs report the economists expect we will see the unemployment rate hold

steady. the key you want to look at is economists say 210,000 growing. it doesn't mean the economy is doing great but it's doing better. >> above 200 thousand is considered continued growth? >> yes. that's a positive. above 200 thousand you will see this market sell off. >> think positive glass half full. >> yes. >> with people getting more jobs, hopefully perhaps an increase in airline travel. >> not a perhaps. according to the faa better buy a ticket now if you plan to buy . there is not enough competition in the industry especially with all of the mergers. not only are they going to stay where they are and go higher the number of people traveling is going to almost double. right now about 815 billionaire miles are trav -- 815 billion w every year. expect the number of people to

double during that time. buy a ticket now. >> it will be interesting, too, what the airlines do to keep up with the increase in traffic. >> the airlines you will see according to the faa one new airline perhaps into the system or flights into the system similar to a jetblue every ten months. >> talk about this. the if is kerr failed. >> the if fisker is a gorgeous beautiful machine. you know it because you the u.s. tax payer gave fisker a $25 million loan through department of energy. >> that is a beautiful car. >> it is sex on wheels, however does it run? consumer reports were testing this thing yesterday in connecticut. brand new car they buy it anonymously. bought it from a dealership in connecticut, the darn thing dies. they tested it for 180 miles it wouldn't start again.

cars do breakdown but that's a brand new 100,000 dollar gorgeous sexy automobile. it might be a piece of art that doesn't move. >> do you really want to drive that anyway? you want to park it and look at it. >> justin bieber got one for his birthday. leonardo dicaprio got the first. there are about 100 of them on the road. it is electric. it is a stunning automobile. if they can make it role they will win. >> i love cars. i am a studebaker car, they are not fiskers but at least they run. >> go out and get one of those cars for me. no. programming note, coming up on where to find a job we were just talking about. right now the time is 18 minutes after the hour. this story got you fired up yesterday. the woman who won a million bucks and was collecting welfare. we have a huge update on that for you. >> then a high school student

thought she was doing the community good. her volunteer work at a church is not good enough. the debate getting fired up. here is what gas is going for this morning, 3.75 a gallon. ♪

>> virginia high school is threatening to remove one of the students from the national honor society. her community service was in the first.

>> good morning. the 17-year-old senior for science and technology filed a lawsuit claiming she was the victim of religious discrimination after saying her work at the sunday school program would not count as national honor society community service requirement. the fairfax county school board faith based service policy states in order to be considered for credit faith based activities quote, must have a secular purpose and may not include preparation or participation in the performance of religious services. even though her 46 hours of service at church is well over the society requirement she still may be kicked out. whether he look at whether sunday school service should be used. they left it up to the school district to decide. a spokesperson for the person here was not aware of the lawsuit and would be unable to comment. the student's attorney says

unless he makes up the community service along with 4 additional hours she may be removed from nhs. >> the enforcement comes from the school district. does she have an opportunity to make this up elsewhere and will she? >> the national honor society policy on this is really gray. there are many reasons why sunday schoolwork could count. they have leadership qualities they want in schools and so on. there are arguments that could be done either way. they leave it up to the school district. we are going to say this doesn't count. now she has the choice to make up the hours. >> sounds like a policy they may want to change. >> they can e-mail us tell us how they feel about it. >> tweet us at fox first.

it is 24 after the top of the hour as we take a look at the good, bad and ugly. first the good. a michigan woman getting food stamps after winning a $1 million lotto jackpot. she was claiming 200 thousand a month. officials now say she made a huge mistake by not reporting her wind fall. she faces a possible criminal investigation and may be required to pay back those benefits. next the bad called in a hamburg lar. you can see the thug trying to rob a customer of his backpack before going to the police officer. his radio is knocked off in the fight that's when three homeless men stepd in and came to his rescue.

no one was seriously hurt and the suspect is now behind bars. and finally the ugly a hungry goat. taking matters into his own hand or his mouth we should say. he made himself at home in a restaurant. the same one where donald trump died with sarah palin. munching on the pizza with the couple he was there with. the goat has decided to have his meal. >> what? >> i don't know what the goat was doing with the restaurant to begin with. >> we have information i would like to hear. >> it is now 26 after the top of the hour. coming up have you ever thought of why gas prices are so high? what you are actually paying for? eric will breakdown the numbers for us. >> listen up, guys. tell you why dms could be used to your advantage? >> first on this day in history in 1959, the very first barbie doll made it's debut at the

american international toy fair in new york. she is 53. still looks great. she looks like a teenager don't you think? >> quite a figure. @? [ male announcer ] this is the age of knowing what you're made of. why let erectile dysfunction get in your way? talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure.

side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor.

>> just unveiled the new ipad. a lot of people are talking about that. according to apple the new ipad isn't called the ipad 3 or the i $35 hd. in fact it doesn't have a name yet. right now everybody is using the nickname i can't believe i paid the full price for the ipad 2. >> welcome back to fox and friends first. now for your 5 at 5:30. top stories making news at this

hour. he went on the record about getting out of the race for president by super pack supporting rick santorum. >> for a long stretch i was in first place or i was clearly in second place during that entire period. senator santorum declined to leave. now suddenly he is in better shape. he would now like me to leave. this is all a game. he and i would both like romney to leave. >> gingrich predicts the gop battles will rage on until june. buckle up. talk about an auto body. look at what they found. a 45-year-old man hiding behind a pickup truck. they looked under a truck and found a suspected illegal immigrant tucked between in a space between the gas tank and the under carriage. an update to what we first

told you about yesterday high school in texas making national headlines that some are calling racist. (chanting usa) >> the alamo boy's basketball team chanted that after winning this game against the rival thomas edison high school. the issue is the losing team is mostly hispanic. the district saying the usa chant was used to taunt the team. we are hearing from students from both schools. >> it's not right. they need to pay for their actions. a lot of people get hurt by it. >> students often over scrutinize something and look for meaning that isn't there. i feel like that's something we shouldn't do as a society. >> the superintendent has also apologized. pms might be a pain, but it could save your life. al new study says out of 60

woman the ones who were fastest at spotting sfraks from pictures had pms. the hormones involved can influence the part of the brain that feels fear. feel my fear. two guys from colorado just sentenced for partying weekend at bernie's style. >> come on. let's go. >> come on. too much again you big knuckle head. >> you remember the movies two guys propping up a guy while they party at his beach house. a duo did something similar but it was no comedy. robert young and mark rubin son put their pal in the back of a car hit a couple bars and even used his cards they pleaded

guilty of abusing a corpse. they g those are your headlines at 5:30. >> i am laughing at the mug shots there in that one. newt gingrich says 2.50 a gas is obtainable. president obama says that's unreal lice tick. you need to u-- unrealistic. >> we have to develop every source of american energy not just oil and gas, but wind power and solar power, nuclear power, bio fuels. we need to invest in the technology that will help us use less oil in our cars and our trucks, in our buildings, in our factories. that's the only solution to the challenge. as we start using less, that lowers the demand, prices come down. pretty state forward. >> what really determines the

price of gas? there he is. eric is here if you didn't guess to tell us more about that. >> heather, good morning. the new national average for a price of a gallon of gasoline 3.75 per gallon. let's do this very quickly. i am going to give you what makes up the price of gasoline. $2.55 is the crude oil price. >> $2.55. hold that. that will come back. we are finding the marketing $0.20. finding the marketing. the transportation, $0.15. okay there's $0.15. you have to transport the stuff. federal tax $0.18. let's call it $0.20. 18.4 is $0.20. state and local tax $0.35. there's $0.35. you know what that leaves? that leaves the dime. >> the dime on the floor. >> the dime i just dropped.

>> this is what the mom and pop on the corner is selling a gallon of gas for. that's a profit on the gallon of gasoline. all of this outrage of who is making what this is what it comes down to. the $2.55 is crude oil. this is what american, the small businesses are making. that is what the saudis are making they are making 2.50 krentsz. it's $107 a barely. 42 gallons in a barrel. each and every gallon that goes into a gallon of gasoline costs american consumer 2.50 cents. over the course of a year 230 billion we are sending overseas when that's the money that could come back into our economy if we drill our own oil. if we use our own oil. >> you take this. this should go to the mom and pop operators and give me the dime or even less that can go to the saudis. >> that would be the case if we

drilled our own oil. look at natural gas. we use quite a bit of natural gas in america. we don't import natural gas from any other sources, a little bit from mexico and a little bit from canada. for the most part the vast majority we drill here so we are not paying a big part of the natural gasment>> those are the top three mexico canada and saudi arabia. >> i am going to host fox and friends in 22 minutes. >> well then we better let you go. you are watching "fox & friends first". dave? >> thank you. >> now for your starting lineup. sports stories making headlines at this hour. things could start to get messy in my home town of denver. the broncos have already reached out about signing payton manning. john elway recently saw him as their long-term quarterback. hard to image the fans not

revolting if they got manning and trade tebow. they could have him be mentor to tebow. manning could be the only guy to start over tebow and not risk the backlash. co not this bronco fan. come aboard payton manning. he has ruled out washington i should add. >> heidi courtroom telling her soon to be ex-husband keep your mouth shut about their split. the super model speaking out about the breakup in elle magazine. in it she wishes seal would stop airing their dirty laundry especially for the sake of her children. married 7 years before calling it quits in january. we are about to show you who got the boot on american idol. >> we are going to save elise. >> it's the end of the road for jeremy. >> he was saved the judges as a

wild card last week but 19-year-old jeremy now sent packing. and in other idol news fan favorite philadelphia lips rushed to the hospital for kidney stones but he pushed through to be at last night's elimination. phillips says he will hold off on any surgery he might need until his next time on idol is up. 39 minutes after the hour the monthly unemployment numbers due out in less than 3 hours. fox and friends first is trying to help bring that number down by getting you employed. we are bringing you the top three companies hiring right now. cheryl joins us now from the fox business network to tell us all about them and a little preview at these jobs numbers. some expect them to be very good. intercontinental could be adding to the positive outlook, why? >> ihg is one of the biggest hotel companies in the world. the rooms are the largest. i had richard solomon on my show

last week. he said not only are we hiring, we are hiring thousands. i thought we had that sound bite. >> the u.s. will continue to grow. big market. demographics look good. people are traveling more. u.s. will continue. we are hiring. we announced 3,000 new jobs in the u.k. over the coming three years we would provide 100,000 people a lot of them in china as we have hotels. it's a very exciting time. >> one of the things he said is a global story. a lot of what we feature on fox and friends these are countries that are growing globally. why is that important? you want to be in a company that is actually going to be hopefully expanding. whether or not that will be in your home town is always a different story. a lot of times people have to be willing to move, change cities. but if you get into a chain like ihd that is always a possibility. you know the name by the way.

it's called crown plaza. they will be opening up a eco friendly health and fitness gra brand and chain called even. that will be domestic. >> another one growing globally at&t where can we see their growth? >>ata -- at&t one of the largest overall in the united states. at&t looking for different things. they need engineers, people who can work on web sites, people that can work as sales associates, ghaerns. depending what you do in the company you can get benefits. some of the jobs don't have benefits. they have a twitter account at at & t jobs. on the list of mill tear freendly companies. you can make anywhere from 35 up

to 100,000 dollars depending on the type of job you do. one of the big things they have to work on is the data network. all of us with iphones and droidz are over loading the data networks. at&t is going to have to upgrade that with all of the new i pads coming out. they are going to be working on that in particular. three different companies, three different industries one has to do with healthcare. what types of jobs do they have available? >> concentra, a lot of companies are adding personnel. they are outpatient care. after you leave the hospital this is secondary rehabilitat n rehabilitation. they have 300 centers through out the country. they have jobs, they need nurses. everybody desperately needs nurses. they have physicians that are needed. salary range is about 40,000 up to 100,000 dollars. they are in 40 states, 300 centers. but again this baby boom generation that is now retiring,

they need services and they need healthcare services. anything in that field right now is open for a lot of people out there. >> sometimes you have to be willing to move. >> you can catch cheryl at move on spn. also lookout for her weekly health column on how to further your search. you can find it at casone exchange.com. it is now 43 past the top of the hour. coming up time to get your responses in for brew on this. schools disciplining it's students for what they do outside of the walls of the classroom. is that a sign or is it over the line? have you ever gone in on a group lottery ticket at work. why you may awant to think twic about this. fox and friends first will be right back. ♪

>> it is 46 after the hour as we span the globe and see the stories making headlines overseas. leon pineda making a startling admission on iran. they have been preparing military options quote for a long time. he says a u.s. strike would be more effective than one by israel. days ago president obama claimed sinks sanctions could still work. it has been years since japan's nuclear disaster. now we are learning all but two of the nuclear reactors are off-line. higher energy prices being blamed for their first trade

deficit in over 3 decades. top of the show we asked you to brew on this. the schools have the right to discipline their students outside of the classroom. we asked that question how tout school or is it over the line? >> john from north carolina e-mailed us. over the line they have no authority for students outside of their grounds. inniendz to concentrate on pair represent being parents. >> another government institution intruding on our personal lives. >> he said on facebook over the line, way over the line. do we start paying neighborhood kids to start spying on each other? go to twitter at fox and friends

first. >> 5:48 now. pooling your money for the big lottery jackpot could land you in court. an intriguing legal debate on tap. right now let's check in with steve dues soocy. >> is the president playing both sides when it comes to energy policy. jack gerard coming up on that. spilling the beans when it comes to protecting our president. hear what he is calling rude. stewart varney geraldo rivera all that and more coming up on fox & friends in 10 minutes.

>> it is 52 after the hour. a man wins $24 million in the lottery. now he might only be left with 4 million. why? because five of the corner co-workers say the winning ticket was brought out of a lotto pool money. joining the debate is arthur idala and former prosecutor faith jenkins. thank you for joining us this morning. >> who get the money? >> gets the money he has to go out on unemployment he got a bad foot. the money came just in time. he plays the lottery hundreds of times stayed in the pool a couple of times: >> this guy wants 24 million and files for

unemployment. >> he got a bad foot. >> he filed for unemployment. this is going to rundown the credibility. who do the juries believe? they are going to believe the hard-working construction workers who pool their money together. >> what happens to these poor people who win the lottery is people come out of the woodwork asking for the money. learned from the past lottery winners you have to go low profile low key. >> no way arthur. >> 24 million quietly. >> there is not a big paper trail in this case obviously because these guys weren't writing things down. at the end of the day i think the jury will believe the fact that they always pool their money together. the one guy this guy happens to win 38.5 million he bought the ticket with his own money? >> there are no coincidences. there are no coincidences. >> america just happened to play

his daughter's birthday numbers. her birthday numbers won. are you going to take a man who won the lottery on his daughter's birthday numbers. >> to believe arthur he's either the luckiest guy in the world or he is not telling the truth. >> i think he should share the money on his own. >> i agree with that. that would be the right thing to do share the money either way. >> that's what we need more in america. people winning the lottery and doing the right thing. >> here's the question. how significant is it that all of this, good faith, believe who you are going to believe because nothing was put in writing there was no paper trail as to who bought what ticket or happened to win. there were 12 tickets that day. they always purchase 12 tickets. that's the problem. that's why i say they come down to the credibility. this guy is willing to commit fraud against the government. >> it's not fraud.

>> it is fraud. >> i have to wrap it up on that. >> he has a bad foot. we know that much. >> thank you for joining us. appreciate it arthur and faith. if you weren't awake, you probably are now. thank you. >> up next we get scrambled up. next we will see if dave and i or eric bowling can come up with the word first. come with us.

>> here's what you missed while you were sleeping.

former top intelligence official telling fox news it's a certainty that a terror group will launch a full scale cyber attack on the u.s. f.b.i. director robert muller testified earlier this week it was one of the most serious threats for our country including on the battlefield. >> i know you've been waiting for this, time to get scrambled up. we're bringing in eric bolling to help us out today. >> bring it! >> this word, if you can guess what it is. something on the newscast all day. eric? >> he's going to join us -- >> arthur is our house lawyer. what do you got? he's got 5 bucks on you. >> there he is behind the camera? >> that's not a word! >> hey! >> he paid off the producers. >> i love that. here's the problem with the word